Struggling for Justice: The Yangzonghai case

Chinese citizens suffering from the effect of heavy pollution on their health have increasingly turned to courts to seek relief. While only a small percentage of cases have been successful, since 2007 the spontaneous creation of local environmental tribunals could bring about positive changes. Indeed, some of these courts have already demonstrated a remarkable activism, resulting in regulatory innovations and a handful of landmark judicial decisions that have pushed the boundaries of the law. This paper gives a preliminary assessment of the problems that they could alleviate and their potential influence on environmental litigation in China. It argues that they reflect a general tolerance for local innovation in the field of environmental protection, consistent with the government's proclaimed environmental priorities. However, it is also likely they will be acquiesced only as far as so they contribute to relieving the social tensions arising from pollution grievances and do not exacerbate them.

Law & Policy, 2010

This article looks at forty-two decisions in civil pollution cases in China as a window onto judges' political logic and the accompanying implications for environmental enforcement. The starting point is a typology of judicial decision making in one-party states based on two dimensions of decisions: the degree of legal formality (e.g., how closely judges adhere to the letter of the law) and individual autonomy (e.g., judges' power to make decisions in individual cases). Mapping pollution decisions onto this typology highlights shifting judicial strategy. While Chinese judges typically comply with instructions when the political pressure is dialed up, a combination of shifting incentives, uncertainty about the law, and political ambiguity can also allow de facto discretion in low-profile, run-of-the-mill cases. Everyday cases tend to cluster under the rubric of “rough justice” in which judges weigh competing political priorities and aim for a livable compromise that dents but upholds the status quo. This sample of cases also shows judges occasionally innovating at the margins by offering new legal interpretations or validating new types of claims. Although Chinese courts remain weak tools for environmental protection, limited innovation suggests that they can help nudge along local incremental social change.

2009

Our responsibility for the natural environment goes beyond individual awareness, it reaches the legal domains of Nation-States and a global nexus of different legal systems. In this article, Chinese environmental regulations are analysed through a European perspective, and the lens of global administrative law, to assess the effectiveness of their implementation and administration principles, and the feasibility of the model itself when applied to environmental protection.

Environmental Science & Policy, 2012

It is well known that the dramatic economic development of China has had a severe impact on the environment during the past 30 years. This paper shows an environmental picture of one of the largest country in the world, focusing on the legislative aspect and its evolution through time. Then the study takes a glance through a relevant example of environmental issue: The Chinese Pesticide Legislation and its evolution. Finally, the paper draws some consideration after the COP-21 climate summit in Paris, with an address to the outlook of environmental protection in China both in the cities and in the countryside.